Lembke Plumbing and Heating v. Hayutin

Opinion by

Mr. Justice Frantz.

Although inaccurate in insignificant detail, as affecting this suit, we shall treat Hayutins as acting together in our consideration of this case. Their complaint was in two counts based on separate acts of negligence. On February 26, 1953, Lembke undertook by written contract to install plumbing in Hayutins’ new house. As shown later, the contract is unimportant in the issues here except to show the employment.

Failure to protect a pipe in a concrete wall is the negligence involved in the first claim; a broken tube resulting from the act of Lembke’s employee in…